Legal Practice Course

Question: ‘Sometimes I worry that I’m not doing any good for society, just doing a job like I’m doing. But…, you know, it is only a job at the end of the day’ - Drawing on knowledge and experience you have acquired on LSP2 and elsewhere, discuss this statement in the light of your understanding of lawyers’ ethics and ‘professionalism’.

Answer: The view submitted in the title is a worrying one. If one takes this view at face value, namely in regard to...

(b) Was this distinction was accepted by Dillon LJ and explain his reasoning on the issue. (2 marks)

14. (a) What principle does Bingham LJ say is not an overriding principle of English law? (1 mark)

(b) How has English law dealt with this principle? Give examples. (4 marks)

15. (a) Who were the three judges in Parker v South Eastern Rly Co (1877) 2 CPD 416? (1 mark)

(b) What did they each decide? (3 marks)

16. Did Bingham LJ believe that there was a simple contractual analysis to the problem he was considering? (2 marks)

17. What other authorities does Bingham LJ cite? (4 marks)

18. Explain whether each of the following statements is part of the ratio of Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1988] 1 All ER 348. If you think a statement is part of the ratio, explain why. If you think a statement is not part of the ratio, explain why. (15 marks)

(i) The more onerous the term the more steps a party has to take to bring that term to the attention of the other party.
(ii) Equity will strike down unconscionable bargains.
(iii) Condition 2 was an unreasonable and extortionate clause.
(iv) The Plaintiffs had not brought Condition 2 to the attention of the defendants.
(v) Penalty clauses are void and unenforceable.

19. Bob hired a van from Jack’s Van Hire to transport his furniture when he moved house. Bob went to Jack’s office to hire the van. Before Bob took the van, Jack asked Bob to sign the last page of the hire contract. As he was in a hurry, Bob signed this quickly, without reading it.

The hire contract contained the following term:

Condition 54: If the customer drives the vehicle over 50 mph at any time during the rental period, Jack’s Van Hire will charge the customer £1,000. This is for the wear and tear caused to the vehicle by driving it in excess of 50mph.

Bob was caught by the police driving the van at 65mph in a 50mph zone. When Jack’s Van Hire found out about this, it took £1,000 from Bob’s credit card for driving the van over 50 mph contrary to Condition 54 of the hire contract. Using ONLY the decision in Interfoto Picture Library Ltd v Stiletto advise Bob on what grounds he can argue against the charge made by Jack’s Van Hire. (25 marks)

Answer: The date of judgment is 12 November 1987.
The trial judge was Judge Pearce and he gave judgment for the plaintiffs for...

Question: Task 1 Effective client interviews.
This presentation will provide you with an overview of the skills that are necessary to deliver an effective client interview. Effective, client focused interviews will produce results and strengthen our organisation.

Task 2 Eight sources of research that would provide me with an eclectic mix of research relating to the impact of the Education and Skills Act 2008.